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FEDERAL ELECTION COMMISSION
WASHINGTON, D.C. 20463
August 8, 2016
TIMOTHY JOST, TREASURER
DONALD J. TRUMP FOR PRESIDENT,
INC.
725 FIFTH AVENUE
Response Due Date
NEW YORK, NY 10022
09/12/2016
IDENTIFICATION NUMBER: C00580100
Dear Treasurer:
This letter is prompted by the Commission's preliminary review of the report referenced
above. This notice requests information essential to full public disclosure of your
federal election campaign finances. Failure to adequately respond by the response
date noted above could result in an audit or enforcement action . Additional
information is needed for the following 4 item(s):
1. Schedule A-P of your report discloses one or more contributions that appear
to be from limited liability corporation(s) (LLC) (see attached). 11 C.F.R.
§110.1(g) allows the receipt of contributions from LLCs providing the LLC is
treated as a partnership for tax purposes, and has not elected to be treated as a
corporation by the Internal Revenue Service (IRS). Both LLCs that claim
corporate status and those that publicly traded would be treated as corporations
for FECA purposes.
Please amend your report to clarify if the LLCs in question are treated as
partnerships. If any apparently prohibited contribution in question was
incompletely or incorrectly disclosed, you must amend your original report with
clarifying information.
If you have received prohibited contributions, you must make a refund. (11
CFR § 103.3(b)(1)) The refund must be made within 30 days of the treasurer
becoming aware of the illegality of the contribution. (11 CFR § 103.3(b)(2))
Although the Commission may take further legal action concerning the
acceptance of prohibited contributions, your prompt action to refund the
prohibited amount will be taken into consideration.
If your committee follows the safe harbor guidelines outlined under 11 CFR §
110.20(a)(7) for all contributions received from a foreign address to ensure that
the sources of these contributions are not foreign nationals, please provide a
detailed description of your procedures. These procedures must be used in all
cases where a contributor or donor uses a foreign passport or passport number
for identification purposes, provides a foreign address, makes a contribution or
donation by means of a check or other written instrument drawn on a foreign
bank or by wire transfer from a foreign bank, or resides abroad. A committee is
deemed to have conducted a reasonable inquiry into the contributor or donor's
nationality if you seek and obtain copies of current and valid U.S. passport
papers for U.S. citizens. No person may rely on this safe harbor if he or she has
actual knowledge that the source of the funds solicited, accepted, or received is
a foreign national.
If you have received a contribution from a foreign national, you must refund
the impermissible contribution to the donor in accordance with 11 CFR §
103.3(b). Please inform the Commission of your corrective action immediately
in writing and provide a photocopy of your check for the refund. In addition,
any refunds should be disclosed on Schedule B supporting Line 28(a) of the
report during which the transaction was made. Although the Commission may
take further legal action concerning the acceptance of a prohibited
contribution(s), prompt action on your part to refund or provide clarifying
information concerning these contributions will be taken into consideration.
3. Schedule A-P of your report discloses one or more contributions that appear
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to exceed the limits set forth in the Act (see attached). The Commission notes
your additional explanation regarding the committee's corrective action taken
for some of these contributions.
For reattributions, the funds can be retained if, within 60 days of receipt, the
excessive amount was properly reattributed to another person. An excessive
contribution is considered properly reattributed if (1) the contributors provide
the committee with written documentation, signed by each contributor,
authorizing a reattribution and indicating the amount of the contribution to be
attributed to each contributor; or (2) the committee reattributes by presumption
the excessive portion of the contribution if the contribution was made on a
written instrument from a joint account and was signed by only one of the
account holders. In this case, the treasurer must notify the contributors in
writing within 60 days of receiving the contribution that the committee intends
to reattribute the excessive portion and must give the contributor who signed
the check an opportunity to request a refund. (11 CFR § 110.1(k)(3)(ii)(B))
For redesignations, the funds can be retained if, within 60 days of receipt, the
excessive amount was properly designated for a different election. An
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Although the Commission may take further legal action concerning the
acceptance of excessive contributions, your prompt action to refund or
redesignate and/or reattribute the excessive amount will be taken into
consideration.
Please note, you will not receive an additional notice from the Commission on this
matter. Adequate responses must be received by the Commission on or before the due
date noted above to be taken into consideration in determining whether audit action will
be initiated. Failure to comply with the provisions of the Act may also result in an
enforcement action against the committee. Any response submitted by your committee
will be placed on the public record and will be considered by the Commission prior to
taking enforcement action. Requests for extensions of time in which to respond will
not be considered.
Electronic filers must file amendments (to include statements, designations and reports)
in an electronic format and must submit an amended report in its entirety, rather than
just those portions of the report that are being amended. For more information about
the report review process or specific filing information for your committee type, please
visit http://www.fec.gov/rad/. If you should have any questions regarding this matter or
wish to verify the adequacy of your response, please contact me on our toll-free number
(800) 424-9530 (at the prompt press 5 to reach the Reports Analysis Division) or my
local number (202) 694-1138.
Sincerely,
Carolina Mongeon
427 Sr. Campaign Finance & Reviewing Analyst
Reports Analysis Division
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